Top judge under fire for remarks on charter
Güncelleme Tarihi:
Hürriyet Daily News
Oluşturulma Tarihi: Kasım 14, 2008 00:00
ANKARA - Top court president Haşim Kılıç’s statements that the first four unalterable articles of the Constitution should be discussed and re-assesed draws strong criticism. Even his fellow judges on the Constitutional Court were not shy to voice their objections to the top judge’s remarks
Growing reactions continue against the top court president Haşim Kılıç’s statements that the first four unalterable articles of the Constitution should be laid out for discussion.
A swift reaction to Kılıç’s remarks came from the Constitutional Court’s Vice President Osman Paksüt who told the daily Cumhuriyet that Kılıç had no right to speak on behalf of the court.
Participating in a symposium on "Unalterable Principles in the Constitutions" on Nov.10 at Ankara Bilkent Hotel, Kılıç said he planned to make the symposium topic as the theme of the symposium to be held on the 47th anniversary of the founding of Constitutional Court in April 2009. Court Rapporteur Osman Can implied some similar remarks in the same symposium.
"But I don’t know how I can be so courageous in this respect, I have some concerns. It is possible to understand how the issue is vital for Turkey," Kılıç said.
Opposition reaction
While the opposition parties showed strong reaction to Kılıç’s remarks some lawmakers considered the statement as preparation for a "civilian dictatorial regime." The strongest reaction, meanwhile, came from the court’s second senior official Paksüt. Speaking to daily Cumhuriyet, Paksüt said the court hasn’t yet decided on the theme of the symposium to be held in April.
"The preparatory works to mark the day haven’t started yet and the court didn’t identify the theme to be discussed in the symposium in April. I think the preparations will kick off this month or in December," he said.
"What he said should be his personal opinion. It is his right [to identify the theme as the top court.] But he has to share plans with the court. The court members weren’t informed of such a plan."
Noting that the court members learned the president’s thoughts in this respect through the media, he said, "The Constitutional Court isn’t confined to a structure based on individuals. It is an institution and takes its decisions.
In response to a question on whether Kılıç’s personal announcement disturbed the court’s members, Paksüt said he didn’t want to make any comment on the issue.
The activities to be held as part of the celebration program and the participant list are determined by a committee to be appointed by the top court. The committee usually comprises three members and the court president joins the committee.
Opposition parties react
Criticizing Kılıç, Hakkı Suha Okay, deputy parliamentary group leader of the Republican People’s Party, or CHP, said it is the duty of the members of the top court to faithfully protect the basic principles of the Republic, not to harm them.
"The Constitution’s first three articles form the basis of the Turkish Republic and the opposite views targeting these articles aim to eliminate the secular and democratic state of law," he said.
"Creating a ground for the unchangeable articles of the Constitution to be laid out for discussion means giving support to the political tension that some have longed for in the country. What is needed is not to change the unalterable articles of the Constitution but to change the understanding of the court members," Okay said.
Okay said the timing of the symposium was meaningful as it aimed to create a new ground for the ruling government to discuss the Constitution’s unalterable articles. The participants of the event were also noteworthy.
Kılıç and Can were among the figures involved in the closure case of the ruling Justice and Development Party, or AKP.
Harun Öztürk of the Democratic Left Party, DSP, said Kılıç wanted the Constitution’s unalterable articles to be changed and waited for the most appropriate time to make it happen. Kılıç and Can argued against the headscarf ban at state universities in Turkey as well as closing down the AKP.
A swift reaction to Kılıç’s remarks came from the Constitutional Court’s Vice President Osman Paksüt who told the daily Cumhuriyet that Kılıç had no right to speak on behalf of the court.
Participating in a symposium on "Unalterable Principles in the Constitutions" on Nov.10 at Ankara Bilkent Hotel, Kılıç said he planned to make the symposium topic as the theme of the symposium to be held on the 47th anniversary of the founding of Constitutional Court in April 2009. Court Rapporteur Osman Can implied some similar remarks in the same symposium.
"But I don’t know how I can be so courageous in this respect, I have some concerns. It is possible to understand how the issue is vital for Turkey," Kılıç said.
Opposition reaction
While the opposition parties showed strong reaction to Kılıç’s remarks some lawmakers considered the statement as preparation for a "civilian dictatorial regime." The strongest reaction, meanwhile, came from the court’s second senior official Paksüt. Speaking to daily Cumhuriyet, Paksüt said the court hasn’t yet decided on the theme of the symposium to be held in April.
"The preparatory works to mark the day haven’t started yet and the court didn’t identify the theme to be discussed in the symposium in April. I think the preparations will kick off this month or in December," he said.
"What he said should be his personal opinion. It is his right [to identify the theme as the top court.] But he has to share plans with the court. The court members weren’t informed of such a plan."
Noting that the court members learned the president’s thoughts in this respect through the media, he said, "The Constitutional Court isn’t confined to a structure based on individuals. It is an institution and takes its decisions.
In response to a question on whether Kılıç’s personal announcement disturbed the court’s members, Paksüt said he didn’t want to make any comment on the issue.
The activities to be held as part of the celebration program and the participant list are determined by a committee to be appointed by the top court. The committee usually comprises three members and the court president joins the committee.
Opposition parties react
Criticizing Kılıç, Hakkı Suha Okay, deputy parliamentary group leader of the Republican People’s Party, or CHP, said it is the duty of the members of the top court to faithfully protect the basic principles of the Republic, not to harm them.
"The Constitution’s first three articles form the basis of the Turkish Republic and the opposite views targeting these articles aim to eliminate the secular and democratic state of law," he said.
"Creating a ground for the unchangeable articles of the Constitution to be laid out for discussion means giving support to the political tension that some have longed for in the country. What is needed is not to change the unalterable articles of the Constitution but to change the understanding of the court members," Okay said.
Okay said the timing of the symposium was meaningful as it aimed to create a new ground for the ruling government to discuss the Constitution’s unalterable articles. The participants of the event were also noteworthy.
Kılıç and Can were among the figures involved in the closure case of the ruling Justice and Development Party, or AKP.
Harun Öztürk of the Democratic Left Party, DSP, said Kılıç wanted the Constitution’s unalterable articles to be changed and waited for the most appropriate time to make it happen. Kılıç and Can argued against the headscarf ban at state universities in Turkey as well as closing down the AKP.